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STATE INSURANCE FUND v. LIBERTY MUT. INS. CO.

No. 00 Civ. 1595(RMB).

233 F.Supp.2d 546 (2002)

STATE INSURANCE FUND individually and as subrogee of Kaback Enterprises, Inc., Plaintiff, v. LIBERTY MUTUAL INSURANCE CO., Defendant.

United States District Court, S.D. New York.

November 18, 2002.

Attorney(s) appearing for the Case

Kaback Enterprises Inc., Alan W. Altman, Moskowitz Altman & Hughes State Ins. Fund, Thomas Dillon, Gilroy Downes Horowitz & Goldstein, New York, NY, Joseph Carofano, Velella, Velella, Basso & Calandra, Bronx, NY, for Plaintiff.

Marshall T. Potashner, Jaffe & Asher, New York, NY, for Defendant.

DECISION AND ORDER

BERMAN, District Judge.

I. Background

This is an action by the New York State Insurance Fund ("Plaintiff" or "SIF") brought on its own behalf and on behalf of its subrogee, Kaback Enterprises, Inc. ("Kaback"). Plaintiff is seeking a declaratory judgement that defendant Liberty Mutual Insurance Company ("Defendant" or "Liberty Mutual") must indemnify Kaback and contribute half of a two million dollar settlement (i.e. one...

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